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HomeMy WebLinkAboutCity Council-Minutes-12/01/2020 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, December 1, 2020 WORKSESSION - 5:00 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Review and discuss initial concepts for the Northern Gateway WS-2 Follow up discussion of the Glade / Riverwalk roundabout landscape design WS-3 Discussion of the Stormwater Management Program WS-4 Discussion of recognizing Martin Luther King, Jr. Day WS-5 Discussion of the December 1, 2020, City Council regular agenda items 1.EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City Council Agenda December 1, 2020 City of Colleyville Page 2 INVOCATION: Mark Glassman, Church of Jesus Christ of Latter-day Saints PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. OATH OF OFFICE - MAYOR FOR A DAY CLAIRE STACY 2a City Secretary Christine Loven will administer the Oath of Office to Mayor for a Day Claire Stacy 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4565 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Presentation to Mayor for a Day Claire Stacy - Mayor Richard Newton Proclamation Declaring Thank a Teacher Day at Colleyville Middle School - Mayor for a Day Claire Stacy 5. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4566 5a Approval of the annual review and updates to the City of Colleyville Investment Policy 5b Approval of a First Amendment to the Professional Services Agreement for final design with J. S. Ground Engineering LLC, in an amount not to exceed $70,200 for the study and design of the Bransford Road Trail (Field Street to Cotton Belt Trail), and authorizing the City Manager to execute the amendment 5c Approval of an Interlocal Agreement (ILA) with the City of Southlake to share the cost of construction for the improvement of the White Chapel/Pleasant Run Road bridge, and authorizing the City Manager to execute the agreement 5d Approval of a professional services agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $98,000.00 for the design of the FY2021 Sidewalk Connectivity Project, and authorizing the City Manager to execute the agreement 5e Approval of a professional services agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $124,500.00 for the design of the Bedford Road Sidewalk Project, and authorizing the City Manager to execute the agreement City Council Agenda December 1, 2020 City of Colleyville Page 3 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-20-2147 Consideration of a Special Use Permit for Alcoholic Beverage Sales for On-Premise Consumption on Lot 1, Block 3, Tara Village, located at 1101 Cheek-Sparger Road, Suite 110, Case ZC20-025 6b Ordinance O-20-2148 Consideration of a Special Use Permit for a dog grooming business on Lot 1R1, Block 1, Town Center Colleyville, located at 5615 Colleyville Boulevard, Suite 110, Case ZC20-026 6c Ordinance O-20-2149 Consideration of a zoning change from R-20 Single Family Residential district to the RE Single Family 'Estate' Residential district on Lot 1R, Block 1, Muzyka Addition, located at 4807 Patterson Lane, Case ZC20- 028 6d Ordinance O-20-2150 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a zoning change from AG Agricultural district to the R-30 Single Family Residential district for Tract 2D & 2D3, Abstract 233, D. R. Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC20-027 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a Ordinance O-20-2127 Consideration for a Special Use Permit for a day care center on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-015 7b Ordinance O-20-2128 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for the Winding Creek development, specifically for hours of operation on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 8. CITIZEN COMMENTS 9. ACTION RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 1, 2020 - RESOLUTION R-20-4567 City Council Agenda December 1, 2020 City of Colleyville Page 4 10.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Wednesday, November 25, 2020 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 1, 2020 Mayor Pro Tem Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, December 1, 2020, at 5:04 p.m. ROLL CALL: Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. Absent: Mayor Richard Newton ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, City Attorney Whitt Wyatt, and City Secretary Christine Loven. Mayor Pro Tem Lindamood stated Mayor Newton could not be present this evening, therefore he will preside. WS-1 Review and discuss initial concepts for the Northern Gateway Assistant City Manager Adrienne Lothery reviewed the progress of the Northern Gateway and stated the presentation has incorporated all of the City Council’s thoughts and the goal for this evening is to refine the presentation into a proposal to take to the public and begin the bid process. She then introduced Tip Housewright, Principal and CEO of Omniplan. Mr. Housewright stated presenting a quality project was the first driving factor and creating a project unique to Colleyville the second factor. He went on to provide a presentation which reviewed Vision, Site Analysis, Masterplan Options, and Project References. There was discussion regarding the various layouts and amenities each Councilmember liked, did not like, or would like. Following the discussion Manager Lothery and Mr. Housewright recapped the Council’s preference to be options 2 and 3, with consideration given to moving a parking garage to the back of the property or waiting to construct a parking garage, including a dog park, arts, and retail. The plans will be refined and brought forward at a future meeting. City Council Minutes December 1, 2020 City of Colleyville Page 2 WS-2 Follow up discussion of the Glade / Riverwalk roundabout landscape design Assistant City Manager Adrienne Lothery presented this item. Everyone agreed additional sculptures were needed to enhance the presentation within the roundabout and staff was directed to move forward with the additions. WS-3 Discussion of the Stormwater Management Program Public Works Director Ray Silva-Reyes presented this item noting an Ordinance will come before the City Council in the near future to enhance the City’s Stormwater Management Program (SWMP), and as the regulations are lengthy, he wanted an opportunity to explain the highlights and answer questions of the Council. Director Silva-Reyes stated the ordinance which will come before the City Council will provide for post construction management and has nothing to do with system design. He then provided an overview of the Clean Water Act, explained the best management practices chosen by the City to address community-wide stormwater quality issues, and provided highlights of the City’s Level 2 Municipal Separate Storm Sewer System (MS4). Mayor Pro Tem Lindamood complimented staff on the street sweeping and inlet marker programs. WS-4 Discussion of recognizing Martin Luther King, Jr. Day City Manager Jerry Ducay stated Human Resources has brought recognizing Martin Luther King, Jr. Day, as a City holiday forward to provide parity with the surrounding cities. If City Council agrees, the City’s Policies and Procedures will be updated. City Council agreed to recognize Martin Luther King, Jr. Day, as a City holiday and directed the City Manager to bring this item forward on the next Consent Agenda. WS-5 Discussion of the December 1, 2020, City Council regular agenda items Mayor Pro Tem Lindamood stated items 7a and 7b will remain tabled. He directed everyone to the letters received after the packet was complete in regard to item 6d - Ordinance O-20-2150. Mayor Pro Tem Lindamood noted Mayor for a Day Claire Stacy will not be present tonight and the items involving her will be skipped over and he will call for a manual vote tonight. There being no further discussion, Mayor Pro Tem Lindamood adjourned the Worksession at 6:08 p.m. and called the Executive Session to order at 6:08 p.m. City Council Minutes December 1, 2020 City of Colleyville Page 3 ROLL CALL: Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. Absent: Mayor Richard Newton 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken during the Executive Session and Mayor Pro Tem Lindamood closed Executive Session at 6:32 p.m. Mayor Pro Tem Lindamood called the regular meeting to order at 7:30 p.m. and called the roll. ROLL CALL: Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. Absent: Mayor Richard Newton INVOCATION: Mark Glassman, Church of Jesus Christ of Latter-day Saints PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt Mayor Pro Tem Lindamood welcomed everyone and stated the Mayor would not be present this evening and he will preside. Mayor Pro Tem Lindamood also announced Claire Stacy, the Mayor for a Day, will not be in attendance tonight as planned, but will preside at the next meeting. He stated the items on the agenda, oath of office and presentations in regard to Mayor Stacy will be passed over. City Council Minutes December 1, 2020 City of Colleyville Page 4 2. OATH OF OFFICE - MAYOR FOR A DAY CLAIRE STACY 2a City Secretary Christine Loven will administer the Oath of Office to Mayor for a Day Claire Stacy This item was passed over. 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4565 This resolution was not needed. 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Presentation to Mayor for a Day Claire Stacy - Mayor Richard Newton Proclamation Declaring Thank a Teacher Day at Colleyville Middle School - Mayor for a Day Claire Stacy The presentations and proclamation were passed over and Mayor Pro Tem Lindamood and the City Councilmembers made the following announcements: COVID Update: The City continues to see an increase in COVID cases. Today, we are at 255 active positive cases. Tarrant County hospital bed availability is at 26%, with ventilator availability at 65%. COVID patients are utilizing 18% of Tarrant County hospital beds. Please remember to wear a mask in public, wash your hands regularly, and when possible, practice social distancing. Also, if you are sick, stay home, and get treatment early. This can lead to better outcomes. Let’s continue to work together to fight this virus. Colleyville’s Drive-Thru Christmas Celebration is THIS Friday! In three days (12/4), we hope to see you and your family take part in our modified Tree Lighting Celebration! The adventure starts with Santa’s arrival and lighting of our tree which will be livestreamed for all to enjoy at 5:45pm. The Christmas experience continues with guests starting their journey on a drive down Main Street where they will be greeted by toy soldiers drumming, free hot chocolate, gingerbread lattes, coffee and individually wrapped Christmas cookies. On your route, you will see a variety of characters and attractions including The Grinch, a Victorian Quartet, Frosty the Snowman, Toy Soldiers and Sugar Plum Fairies on Stilts, live reindeer and even a Christmas Monkey! After Santa Claus greets you at City Hall and Colleyville’s Christmas Crew gives you your Santa Swag bag, your route continues through a Christmas light tunnel towards the South Lawn area which will be filled with a variety of 3D light installations including giant presents, trees, and City Council Minutes December 1, 2020 City of Colleyville Page 5 candy canes. Guests will then have the option to go home or to park in our South parking lot, tune in to 89.5 FM and watch our drive-in movie – The Grinch! Everyone will be able to safely enjoy this event while still experiencing the MAGIC of Christmas! I will be there with Mayor Newton to light the tree and hope to see you there too! Special Collection for Leaves & Trees: Special leaf and tree recycling collection will return again this winter. Community Waste Disposal (CWD), Colleyville's trash and recycling service provider, will run special collection routes to recycle leaves (in paper lawn bags) starting this month. The special collection days are Saturday, Dec. 5, Dec. 19, and Jan. 2. CWD will also collect and recycle Christmas trees on the special collection day in January. Collections begin at 10 a.m. to allow additional time for residents to rake and bag leaves and place the bags at the curb. To participate, residents just need to set out leaves in paper lawn bags on the designated collection days. CWD will still collect leaves in plastic bags set out on regular garbage collection days but these will go to the landfill. If residents set out brown paper lawn bags for leaf recycling a few days early, CWD will leave them for the Saturday collections. Regular rear-load garbage trucks will be used for these special collection days. With that in mind, residents should be aware of and comply with their Homeowner Association's policies. If you have any questions or would like more information, call 817.503.1110. Early Voting Underway for Run-Off Election: Early voting will take place at Colleyville City Hall - 2nd floor, 100 Main Street, through December 4 for joint run- off elections. Election Day voting will also be held at Colleyville City Hall on December 8. Early Voting Hours this week (Dec. 1-4) and on Election Day will be from 7 a.m. to 7 p.m. Cease The Grease, Free Oil & Grease Disposal for Residents: The holidays, with their fried turkeys, buttery foods, and gravy, can be hard on your diet — and on your pipes and sewer systems. When fats, oils, and grease are washed down the drain, they stick to the inside of pipes, hardening and building up until they cause clogs and sewer backups. This can cause sewage to overflow into homes, streets, and local waterways. Whether the repairs are in your home or in the street, it can be costly and inconvenient. If the sewer overflows, city crews have to shut down streets, tying up traffic and increasing expenses for both residents and municipalities. Instead of washing your grease down the drain, participate in the 2020 Holiday Grease Roundup and recycle it for free! The City of Colleyville is partnering with the North Texas Municipal Water District, the North Central Texas Council of Governments, and the Wastewater and the Treatment Education Roundtable to help protect sewer systems and the environment by providing a drop-off location City Council Minutes December 1, 2020 City of Colleyville Page 6 to collect your holiday grease. The collected cooking oil and grease will be recycled into biodiesel or biogas, which reduces landfill waste and produces an alternative fuel that is clean and green. Collection Location and Hours: Colleyville Public Works Facility, 1601 Hall-Johnson Rd. Monday - Friday, Nov. 23 - Jan. 4 7:30 a.m. - 11 a.m. & 12:45 p.m. - 4:15 p.m. No collections on weekends or City holidays Colleyville Gives Grant Application Update: Just a reminder, Colleyville's annual #ColleyvilleGives advertising grant program is underway. This seasonal program is designed to assist Colleyville businesses with their 4th quarter advertising and marketing efforts by providing advertising grants. This promotion provides $1,000 in grant money for an advertising campaign during the busy holiday months. Businesses who wish to make a $500 donation to an area non- profit will receive an additional $1,000 in grant money. To apply, submit a completed and signed application to the City Manager's Office by emailing Christine Johnson at cjohnson@colleyville.com. Applications can be emailed to you or downloaded from the city website. If you have questions about this promotion, please call 817-503-1111. John McCain/Westcoat Roundabout is Now Open: The intersection of John McCain and Westcoat is now open. Congratulations to our Public Works team for completing this project on an accelerated timeline. We appreciate the cooperation and patience of our residents without whose cooperation this project would not have been expedited. With the roadwork complete, beautification efforts will be underway shortly. Glade Road Update: The Glade Road project continues. The contractor is currently working on the underground storm sewer system from SH 26 to Riverwalk Drive. The culvert underneath Glade Road at Riverwalk is being extended to the south to accommodate the future roundabout that will be constructed with this project. The contractor will start installing the water and wastewater lines along the corridor this week. 5. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4566 5a Approval of the annual review and updates to the City of Colleyville Investment Policy 5b Approval of a First Amendment to the Professional Services Agreement for final design with J. S. Ground Engineering LLC, in an amount not to exceed $70,200 for the study and design of the Bransford Road Trail City Council Minutes December 1, 2020 City of Colleyville Page 7 (Field Street to Cotton Belt Trail), and authorizing the City Manager to execute the amendment 5c Approval of an Interlocal Agreement (ILA) with the City of Southlake to share the cost of construction for the improvement of the White Chapel/Pleasant Run Road bridge, and authorizing the City Manager to execute the agreement 5d Approval of a professional services agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $98,000.00 for the design of the FY2021 Sidewalk Connectivity Project, and authorizing the City Manager to execute the agreement 5e Approval of a professional services agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $124,500.00 for the design of the Bedford Road Sidewalk Project, and authorizing the City Manager to execute the agreement Mayor Pro Tem Lindamood read Resolution R-20-4566 in its entirety. Finance Director Kyle Lester presented item 5a stating the Public Funds Investment Act requires the City, as the governing body of a public entity, review the investment strategy and adopt a written instrument by resolution stating that it has reviewed the investment policy and investment strategies. Director Lester noted during his review of the City of Colleyville Investment Policy, he discovered one change which was overlooked for deletion in the previous policy, which is the SEC registered, no load money market mutual funds listed under the Diversification of Portfolio by Instrument. He explained the Local Government Investment Pools fall under the category of a "money market mutual fund". Because they are specifically mentioned in the diversification section, it is not necessary to include money market mutual funds as a category. This proposed change was reviewed by the Audit Committee, which met December 1, 2020, and the Audit Committee agreed with the proposed change and also recommended reducing the maximum percentage of repurchase agreements be reduced to 15%. Director Lester stated the 15% is reasonable and is recommending the City Council consider this change as well. Public Works Director Ray Silva-Reyes presented items 5b through 5e and answered questions of the City Council. Regarding item 5c, Councilmember Dodson asked staff if the City’s cost is 10 percent plus the engineering design. Director Silva-Reyes agreed. Regarding item 5e, Councilmember Dodson asked staff is the cost of the project is higher because of the bridge. Director Silva-Reyes stated the bridge work, City Council Minutes December 1, 2020 City of Colleyville Page 8 retaining wall, bar ditch, and tree preservation contribute to the higher design costs. Mayor Pro Tem Lindamood recognized the Pedestrian Transportation Committee for their work on the trail plan and staff for their continued efforts. Mayor Pro Tem Lindamood opened the public hearing at 7:59 p.m. There was no one present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 7:59 p.m. Councilmember Kelley made a motion to approve Resolution R-20-4566 and approve the amendment to the City of Colleyville Investment Policy, regarding repurchase agreements as recommend by the Audit Committee and supported by Finance Director Kyle Lester, seconded by Councilmember Rigney. The motion to approve with the amendments to the Investment Policy passed with the following vote: The motion to approve passed with the following vote: Ayes: 6 – Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, Rigney. Absent: 1 - Mayor Newton 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-20-2147 Consideration of a Special Use Permit for Alcoholic Beverage Sales for On-Premise Consumption on Lot 1, Block 3, Tara Village, located at 1101 Cheek-Sparger Road, Suite 110, Case ZC20-025 Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2147. Community Development Director Ben Bryner presented this item which is a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on- premise consumption at Across the Pond which is open in Tara Village. Director Bryner reviewed the hours of operation, noting in restaurant dining will be three days only: Friday - 11:00 a.m. – 10:00 p.m.; Saturday - 7:00 a.m. – 10:00 p.m.; and Sunday - 8:00 a.m. – 9:00 p.m. The restraint will be closed on Monday, and open for deliveries Tuesday through Sunday. Mayor Pro Tem Lindamood asked Director Bryner if the hours of operation could be added to the ordinance. Director Bryner stated the hours will be added to the ordinance and included in the next packet. City Council Minutes December 1, 2020 City of Colleyville Page 9 Councilmember Dodson asked staff if all distance requirements have been met. Director Bryner stated all requirements are met. City Manager Ducay asked if outdoor seating and patio use has been addressed. Director Bryner stated there has been no conversation regarding outdoor seating at this time. Mayor Pro Tem Lindamood opened the public hearing at 8:07 p.m. There was no one present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 8:07 p.m. This was a first reading, therefore, no action was taken. 6b Ordinance O-20-2148 Consideration of a Special Use Permit for a dog grooming business on Lot 1R1, Block 1, Town Center Colleyville, located at 5615 Colleyville Boulevard, Suite 110, Case ZC20-026 Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2148. Community Development Director Ben Bryner presented this item for a Special Use Permit (SUP) to allow for a dog grooming business in Town Center. Director Bryner stated the property is zoned CC-2 Shopping Center district and a dog grooming business is only allowed in commercial districts with the approval of an SUP. He noted the business, “Pet Bar” is a franchise business offering professional boutique grooming services with drop-off and pick-up services. Director Bryner reviewed the floor plan and stated all pets will remain within the store for their entire maximum 90 minute appointment. There will be no veterinary services performed, no outdoor kennels, no boarding services, no pet daycare services, and no pet walking. Mayor Pro Tem Lindamood asked staff if there will be sound proofing of the suite. Director Bryner replied the applicant has indicated there will be, and noted he is present and could answer in a more detailed manner. Mayor Pro Tem Lindamood asked the applicant, Steve Harvey, 6805 Strauss Drive, if he would like to give a presentation. Mr. Harvey stated Pet Bar is a local Dallas franchise and if approved, he will be the first franchisee and the Colleyville location will be the first franchised store in the United States. Mr. Harvey addressed the sound proofing stating the sound proofing will be wall to ceiling, and SPL readings will be taken to ensure there is no noise nuisance. Councilmember Dodson asked Mr. Harvey if the sound proofing will go beyond the ceiling to the roof. Mr. Harvey stated it will be 18 feet, which will be from the floor, beyond the ceiling, to the roof, which will also work to contain the pet hair within the suite. Councilmember Dodson asked Mr. Harvey about pet waste in the parking lot. Mr. Harvey stated he is working with the landlord to place at least two City Council Minutes December 1, 2020 City of Colleyville Page 10 pet waste stations around the property and if customers do not take care of the waste, Pet Bar staff will. Councilmember Wheat asked Mr. Harvey if there is another neighbor to this proposed business. Mr. Harvey explained there is an aisle way between the suites and no suite behind his. He also noted they will be installing sound traps in strategic locations within the suite, eliminating the opportunity for sound to carry. Mayor Pro Tem Lindamood opened the public hearing at 8:15 p.m. There was no one present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 8:15 p.m. This was a first reading, therefore, no action was taken. 6c Ordinance O-20-2149 Consideration of a zoning change from R-20 Single Family Residential district to the RE Single Family 'Estate' Residential district on Lot 1R, Block 1, Muzyka Addition, located at 4807 Patterson Lane, Case ZC20- 028 Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2149. Community Development Director Ben Bryner presented this item which is a request for a zoning change from the R-20 Single-Family residential district to the RE Single-Family 'Estate' Residential district. He explained the lot width of the property falls below the minimum 200 feet with 137 feet and a waiver will be incorporated into the rezoning of the property which is considered a flag lot. Councilmember Wheat asked Director Bryner is the current home meets all current setbacks for the Estate zoning. Director Bryner stated he is not sure, but will verify and report at the next meeting. Mayor Pro Tem Lindamood opened the public hearing at 8:22 p.m. There was no one present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 8:22 p.m. This was a first reading, therefore, no action was taken. 6d Ordinance O-20-2150 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a zoning change from AG Agricultural district to the R-30 Single Family Residential district for Tract 2D & 2D3, Abstract 233, D. R. Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC20-027 Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2150. City Council Minutes December 1, 2020 City of Colleyville Page 11 Community Development Director Ben Bryner presented this item which is a request for a zoning change from AG Agricultural district to the R-30 Single Family Residential. Director Bryner stated this item will require a super majority vote as the Planning and Zoning Commission made a 4-2 recommendation of denial. Director Bryner stated there were concerns for the property’s proximity to the floodplain and provided a floodplain map of the area, the zoning exhibits for the planned four residential lots, and drainage exhibit. Councilmember Wheat asked Director Bryner if he could speak to the Planning and Zoning Commission’s recommendation of denial. Director Bryner stated the drainage appeared to be the primary concern. Councilmember Dodson stated there was also considerable discussion of changing the zoning to R-40. Mayor Pro Tem Lindamood asked the applicant if he would like to give a presentation. Rob Daake, 14755 Preston Road, Suite 600, Dallas, Land Use Attorney and Civil Engineer, representing the applicant, B. J. Boarra, discussed the drainage being a regional issue and stated the developer cannot fix a regional problem, however, this developer is proposing a reduction in water coming off the property by 15% from pre-developed rate. Mr. Daake stated the 15% is a step in the right direction to solve a regional problem and he hopes the City Council will give consideration to the achievement. Mr. Daake stated an HOA will be created to maintain detention ponds, ensuring proper maintenance. Tony Krauska, 5225 Village Creek Drive, Suite 200, Plano, representing the applicant, stated following the Planning and Zoning Commission meeting where this development was denied, a neighborhood meeting was conducted on November 16 where two residents attended in person, and five via Zoom, in addition to City Engineer Larry Wright. Mr. Krauska noted all attendees were residents of The Preservation, but none of the residents from Cherry Lane attended. Mr. Krauska explained the drainage plan and stated in conversation with the City Engineer today, he has figured out a way he can redirect the flow to the north along Bluebonnet Lane, which would eliminate the flow from their property to The Preservation. He noted this is contrary to standard engineering protocol, as you typically do not change drainage basins, but this change will help The Preservation. Mayor Pro Tem Lindamood asked Mr. Krauska how he would straighten the flow to the North. Mr. Krauska stated he would construct a three to four foot retaining wall on the south side of the property and along Bluebonnet Drive. Mr. Krauska continued to explain the drainage plan and answer questions of the City Council. Councilmember Kelley requested the drainage plan be vetted by the City Engineer before the next meeting. City Council Minutes December 1, 2020 City of Colleyville Page 12 B. J. Boarra, the applicant, gave a history of his property purchase and attempts to develop the property, his desire to work with the City and neighbors. Mr. Boarra stated he, the engineers, and builders will build quality homes to match the character of homes on Cherry Lane. Councilmember Rigney asked Mr. Boarra to bring present his plan for the 25% water flow reduction at the next meeting. There was discussion regarding the swale at the end of Cherry Lane, lot density, and the drainage. City Manager Jerry Ducay stated there has been a great deal of talk regarding drainage, which is important, however, this is a zoning and density case, and this Council has been consistent with its implementation of density. Mr. Krauska noted they had looked at the R-40 zoning because of the land limitations. Manager Ducay and Councilmember Dodson stated waivers could be given. Mayor Pro Tem Lindamood opened the public hearing at 9:00 p.m. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to this item with concerns for drainage. Dean Phillips, 1604 Cherry Lane, spoke in opposition with concerns for drainage and a request that if approved, the developer be required to install automated drainage systems. Nancy Rogers, 1612 Cherry Lane, spoke in opposition due to the drainage which creates a creek across her property. She also asked one house be removed. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this item and requested the developer be considerate of the established neighbors. There were no others present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 9:20 p.m. This was a first reading, therefore, no action was taken. Items 7a and 7b remained tabled. 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a Ordinance O-20-2127 Consideration for a Special Use Permit for a day care center on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-015 City Council Minutes December 1, 2020 City of Colleyville Page 13 7b Ordinance O-20-2128 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for the Winding Creek development, specifically for hours of operation on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, thanked the Council for their work. Mrs. Hadley asked the street signage on SH26 be enhanced and made larger, and Christmas lighting be added along SH26. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 1, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4567 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Pro Tem Lindamood adjourned the meeting without objection by the City Council at 9:33 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH DAY OF DECEMBER 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary